Child foster care license moratorium exceptions, MnCHOICES assessor requirements, targeted case management requirements, early intensive developmental and behavioral intervention requirements, cost data report review, and maltreatment of vulnerable adult processes modified.

A bill for an act

relating to human services; modifying child foster care license moratorium

exceptions, MnCHOICES assessor requirements, targeted case management

requirements, early intensive developmental and behavioral intervention

requirements, cost data report review, and maltreatment of vulnerable adult

processes; making technical corrections; amending Minnesota Statutes 2024,

sections 245A.03, subdivision 7; 256B.0625, by adding a subdivision; 256B.0911,

subdivision 32; 256B.0924, subdivisions 3, 5, 7, by adding a subdivision;

256B.0949, by adding a subdivision; 256B.4905, subdivision 2a; 256B.5012,

subdivision 21; 256B.851, subdivision 8; 256S.21, subdivision 3; 626.557,

subdivisions 9, 9a, 12b, by adding subdivisions; 626.5572, subdivisions 2, 9, 17,

by adding subdivisions; Minnesota Statutes 2025 Supplement, sections 245D.091,

subdivisions 2, 3; 256B.0911, subdivision 13; 256B.0924, subdivision 6;

256B.0949, subdivisions 2, 16; 256B.4914, subdivision 10a; 626.5572, subdivision

13; repealing Minnesota Statutes 2024, sections 256B.5012, subdivisions 4, 5, 6,

7, 8, 9, 10, 11, 12, 14, 15, 16; 626.557, subdivision 10.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 245A.03, subdivision 7, is amended to read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license

for child foster care licensed under Minnesota Rules, parts
2960.3000
to
2960.3340
, which

does not include child foster residence settings with residential program certifications for

compliance with the Family First Prevention Services Act under section 245A.25, subdivision

1, paragraph (a), or adult foster care licensed under Minnesota Rules, parts
9555.5105
to

9555.6265
, under this chapter for a physical location that will not be the primary residence

of the license holder for the entire period of licensure. If a child foster residence setting that

was previously exempt from the licensing moratorium under this paragraph has its Family

First Prevention Services Act certification rescinded under section 245A.25, subdivision 9,

or if a family adult foster care home license is issued during this moratorium, and the license

holder changes the license holder's primary residence away from the physical location of

the foster care license, the commissioner shall revoke the license according to section

245A.07
. The commissioner shall not issue an initial license for a community residential

setting licensed under chapter 245D. When approving an exception under this paragraph,

the commissioner shall consider the resource need determination process in paragraph (h),

the availability of foster care licensed beds in the geographic area in which the licensee

seeks to operate, the results of a person's choices during their annual assessment and service

plan review, and the recommendation of the local county board. The determination by the

commissioner is final and not subject to appeal. Exceptions to the moratorium include:

(1) a license for a person in a foster care setting that is not the primary residence of the

license holder and where at least 80 percent of the residents are 55 years of age or older;

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(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or

community residential setting licenses replacing adult foster care licenses in existence on

December 31, 2013, and determined to be needed by the commissioner under paragraph

(b);

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(3)
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(2)
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new foster care licenses or community residential setting licenses determined to

be needed by the commissioner under paragraph (b) for the closure of a nursing facility,

ICF/DD, or regional treatment center; restructuring of state-operated services that limits

the capacity of state-operated facilities; or allowing movement to the community for people

who no longer require the level of care provided in state-operated facilities as provided

under section
256B.092
, subdivision 13, or
256B.49, subdivision 24
;
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or
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(4)
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(3)
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new foster care licenses or community residential setting licenses determined to

be needed by the commissioner under paragraph (b) for persons requiring hospital-level

care
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; or
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.
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(5) new community residential setting licenses determined necessary by the commissioner

for people affected by the closure of homes with a capacity of five or six beds currently

licensed as supervised living facilities licensed under Minnesota Rules, chapter 4665, but

not designated as intermediate care facilities. This exception is available until June 30, 2025.

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(b) The commissioner shall determine the need for newly licensed foster care homes or

community residential settings as defined under this subdivision. As part of the determination,

the commissioner shall consider the availability of foster care capacity in the area in which

the licensee seeks to operate, and the recommendation of the local county board. The

determination by the commissioner must be final. A determination of need is not required

for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not

the primary residence of the license holder according to section
256B.49, subdivision 15
,

paragraph (f), or the adult community residential setting, the county shall immediately

inform the Department of Human Services Licensing Division. The department may decrease

the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity

established in paragraph (c) must be exempt if the license holder's beds are occupied by

residents whose primary diagnosis is mental illness and the license holder is certified under

the requirements in subdivision 6a or section
245D.33
.

(e) A resource need determination process, managed at the state level, using the available

data required by section
144A.351
, and other data and information must be used to determine

where the reduced capacity determined under section
256B.493
will be implemented. The

commissioner shall consult with the stakeholders described in section
144A.351
, and employ

a variety of methods to improve the state's capacity to meet the informed decisions of those

people who want to move out of corporate foster care or community residential settings,

long-term service needs within budgetary limits, including seeking proposals from service

providers or lead agencies to change service type, capacity, or location to improve services,

increase the independence of residents, and better meet needs identified by the long-term

services and supports reports and statewide data and information.

(f) At the time of application and reapplication for licensure, the applicant and the license

holder that are subject to the moratorium or an exclusion established in paragraph (a) are

required to inform the commissioner whether the physical location where the foster care

will be provided is or will be the primary residence of the license holder for the entire period

of licensure. If the primary residence of the applicant or license holder changes, the applicant

or license holder must notify the commissioner immediately. The commissioner shall print

on the foster care license certificate whether or not the physical location is the primary

residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the

primary residence of the license holder and that also provide services in the foster care home

that are covered by a federally approved home and community-based services waiver, as

authorized under chapter 256S or section
256B.092
or
256B.49
, must inform the human

services licensing division that the license holder provides or intends to provide these

waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section

144A.351
. Under this authority, the commissioner may approve new licensed settings or

delicense existing settings. Delicensing of settings will be accomplished through a process

identified in section
256B.493
.

(i) The commissioner must notify a license holder when its corporate foster care or

community residential setting licensed beds are reduced under this section. The notice of

reduction of licensed beds must be in writing and delivered to the license holder by certified

mail or personal service. The notice must state why the licensed beds are reduced and must

inform the license holder of its right to request reconsideration by the commissioner. The

license holder's request for reconsideration must be in writing. If mailed, the request for

reconsideration must be postmarked and sent to the commissioner within 20 calendar days

after the license holder's receipt of the notice of reduction of licensed beds. If a request for

reconsideration is made by personal service, it must be received by the commissioner within

20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment

services licensed under Minnesota Rules, parts
2960.0580
to
2960.0700
, under this chapter

for a program that Centers for Medicare and Medicaid Services would consider an institution

for mental diseases. Facilities that serve only private pay clients are exempt from the

moratorium described in this paragraph. The commissioner has the authority to manage

existing statewide capacity for children's residential treatment services subject to the

moratorium under this paragraph and may issue an initial license for such facilities if the

initial license would not increase the statewide capacity for children's residential treatment

services subject to the moratorium under this paragraph.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 2, is amended

to read:

Subd. 2.

Positive support professional qualifications.

A positive support professional

providing positive support services as identified in section
245D.03, subdivision 1
, paragraph

(c), clause (1), item (i), must have competencies in the following areas as required under

the brain injury, community access for disability inclusion, community alternative care, and

developmental disabilities waiver plans or successor plans:

(1) ethical considerations;

(2) functional assessment;

(3) functional analysis;

(4) measurement of behavior and interpretation of data;

(5) selecting intervention outcomes and strategies;

(6) behavior reduction and elimination strategies that promote least restrictive approved

alternatives;

(7) data collection;

(8) staff and caregiver training;

(9) support plan monitoring;

(10) co-occurring mental disorders or neurocognitive disorder;

(11) demonstrated expertise with populations being served; and

(12) must be a:

(i) psychologist licensed under sections
148.88
to
148.98
, who has stated to the Board

of Psychology competencies in the above identified areas;

(ii) clinical social worker licensed as an independent clinical social worker under chapter

148E, or a person with a master's degree in social work from an accredited college or

university, with at least 4,000 hours of post-master's supervised experience in the delivery

of clinical services in the areas identified in clauses (1) to (11);

(iii) physician licensed under chapter 147 and certified by the American Board of

Psychiatry and Neurology or eligible for board certification in psychiatry with competencies

in the areas identified in clauses (1) to (11);

(iv) licensed professional clinical counselor licensed under sections
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148B.29 to 148B.39
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148B.5301 and 148B.532
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with at least 4,000 hours of post-master's supervised experience

in the delivery of clinical services who has demonstrated competencies in the areas identified

in clauses (1) to (11);

(v) person with a master's degree from an accredited college or university in one of the

behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised

experience in the delivery of clinical services with demonstrated competencies in the areas

identified in clauses (1) to (11);

(vi) person with a master's degree or PhD in one of the behavioral sciences or related

fields with demonstrated expertise in positive support services, as determined by the person's

needs as outlined in the person's assessment summary;

(vii) registered nurse who is licensed under sections
148.171
to
148.285
, and who is

certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and

mental health nursing by a national nurse certification organization, or who has a master's

degree in nursing or one of the behavioral sciences or related fields from an accredited

college or university or its equivalent, with at least 4,000 hours of post-master's supervised

experience in the delivery of clinical services; or

(viii) person who has completed a competency-based training program as determined

by the commissioner.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 3.

Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 3, is amended

to read:

Subd. 3.

Positive support analyst qualifications.

(a) A positive support analyst providing

positive support services as identified in section
245D.03, subdivision 1
, paragraph (c),

clause (1), item (i), must satisfy one of the following requirements as required under the

brain injury, community access for disability inclusion, community alternative care, and

developmental disabilities waiver plans or successor plans:

(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social

services discipline or nursing;

(2) meet the qualifications of a mental health practitioner as defined in section
245.462,

subdivision 17
;

(3) be a
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board-certified
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licensed
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behavior analyst or
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a
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board-certified assistant behavior

analyst
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certified
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by the Behavior Analyst Certification Board, Incorporated; or

(4) have completed a competency-based training program as determined by the

commissioner.

(b) In addition, a positive support analyst must:

(1) either have two years of supervised experience conducting functional behavior

assessments and designing, implementing, and evaluating effectiveness of positive practices

behavior support strategies for people who exhibit challenging behaviors as well as

co-occurring mental disorders and neurocognitive disorder, or for those who have obtained

a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated

expertise in positive support services;

(2) have received training prior to hire or within 90 calendar days of hire that includes:

(i) ten hours of instruction in functional assessment and functional analysis;

(ii) 20 hours of instruction in the understanding of the function of behavior;

(iii) ten hours of instruction on design of positive practices behavior support strategies;

(iv) 20 hours of instruction preparing written intervention strategies, designing data

collection protocols, training other staff to implement positive practice strategies,

summarizing and reporting program evaluation data, analyzing program evaluation data to

identify design flaws in behavioral interventions or failures in implementation fidelity, and

recommending enhancements based on evaluation data; and

(v) eight hours of instruction on principles of person-centered thinking;

(3) be determined by a positive support professional to have the training and prerequisite

skills required to provide positive practice strategies as well as behavior reduction approved

and permitted intervention to the person who receives positive support; and

(4) be under the direct supervision of a positive support professional.

(c) Meeting the qualifications for a positive support professional under subdivision 2

shall substitute for meeting the qualifications listed in paragraph (b).

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 4.

Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision

to read:

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Subd. 77.

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Early intensive developmental and behavioral intervention benefit.

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Medical

assistance covers early intensive developmental and behavioral intervention services

according to section 256B.0949.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 5.

Minnesota Statutes 2025 Supplement, section 256B.0911, subdivision 13, is

amended to read:

Subd. 13.

MnCHOICES assessor qualifications, training, and certification.

(a) The

commissioner shall develop and implement a curriculum and an assessor certification

process.

(b) MnCHOICES certified assessors must have received training and certification specific

to assessment and consultation for long-term care services in the state and either:

(1) have at least an associate's degree in human services, or other closely related field;

(2) have at least an associate's degree in nursing with a public health nursing certificate,

or other closely related field; or

(3) be a registered nurse.

(c) Certified assessors shall demonstrate best practices in assessment and support

planning, including person-centered planning principles, and have a common set of skills

that ensures consistency and equitable access to services statewide.

(d) Certified assessors must be recertified every three years.

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(e) A Tribal Nation may establish the Tribal Nation's own education and experience

qualifications for certified assessors.

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EFFECTIVE DATE.

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This section is effective January 1, 2027, or upon federal approval,

whichever is later.

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Sec. 6.

Minnesota Statutes 2024, section 256B.0911, subdivision 32, is amended to read:

Subd. 32.

Administrative activity.

(a) The commissioner shall:

(1) streamline the processes, including timelines for when assessments need to be

completed;

(2) provide the services in this section; and

(3) implement integrated solutions to automate the business processes to the extent

necessary for support plan approval, reimbursement, program planning, evaluation, and

policy development.

(b) The commissioner shall work with lead agencies responsible for conducting long-term

care consultation services to
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:
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(1)
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modify the MnCHOICES application and assessment policies to create efficiencies

while ensuring federal compliance with medical assistance and long-term services and

supports eligibility criteria
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; and
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.
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(2) develop a set of measurable benchmarks sufficient to demonstrate quarterly

improvement in the average time per assessment and other mutually agreed upon measures

of increasing efficiency.

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(c) The commissioner shall collect data on the benchmarks developed under paragraph

(b) and provide to the lead agencies an annual trend analysis of the data in order to

demonstrate the commissioner's compliance with the requirements of this subdivision.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 7.

Minnesota Statutes 2024, section 256B.0924, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

Persons are eligible to receive targeted case management services

under this section if the requirements in paragraphs (a) and (b) are met.

(a) The person must be assessed and determined by the local county
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or Tribal
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agency

to:

(1) be age 18 or older;

(2) be receiving medical assistance;

(3) have significant functional limitations; and

(4) be in need of service coordination to attain or maintain living in an integrated

community setting.

(b)
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Except as permitted under paragraph (c),
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the person must be
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: (i)
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a vulnerable adult

in need of adult protection as defined in section
626.5572
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, or is
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; (ii)
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an adult with a

developmental disability as defined in section
252A.02, subdivision 2
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, or
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; (iii) an adult with
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a related condition as defined in section
256B.02
, subdivision 11,
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and
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who
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is not receiving

home and community-based waiver services
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,
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;
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or
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is
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(iv)
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an adult who lacks a permanent

residence and who has been without a permanent residence for at least one year or on at

least four occasions in the last three years.

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(c) Tribal agencies may make a determination of eligibility under Tribal governance

codes for adult protection or policy procedures consistent with section 626.5572 when

determining whether a person is a vulnerable adult in need of adult protection or an adult

with developmental disabilities or a related condition.

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EFFECTIVE DATE.

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This section is effective January 1, 2027, or upon federal approval,

whichever is later.

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Sec. 8.

Minnesota Statutes 2024, section 256B.0924, subdivision 5, is amended to read:

Subd. 5.

Provider standards.

County boards
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or
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,
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providers who contract with the county
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,

or Tribal government contracted providers
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are eligible to receive medical assistance

reimbursement for adult targeted case management services. To qualify as a provider of

targeted case management services the vendor must:

(1) have demonstrated the capacity and experience to provide the activities of case

management services defined in subdivision 4;

(2) be able to coordinate and link community resources needed by the recipient;

(3) have the administrative capacity and experience to serve the eligible population in

providing services and to ensure quality of services under state and federal requirements;

(4) have a financial management system that provides accurate documentation of services

and costs under state and federal requirements;

(5) have the capacity to document and maintain individual case records complying with

state and federal requirements;

(6) coordinate with county social
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service
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services or Tribal human services
new text end
agencies

responsible for planning for community social services under chapters 256E and 256F;

conducting adult protective investigations under section
626.557
, and conducting prepetition

screenings for commitments under section
253B.07
;

(7) coordinate with health care providers to ensure access to necessary health care

services;

(8) have a procedure in place that notifies the recipient and the recipient's legal

representative of any conflict of interest if the contracted targeted case management service

provider also provides the recipient's services and supports and provides information on all

potential conflicts of interest and obtains the recipient's informed consent and provides the

recipient with alternatives; and

(9) have demonstrated the capacity to achieve the following performance outcomes:

access, quality, and consumer satisfaction.

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EFFECTIVE DATE.

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This section is effective January 1, 2027, or upon federal approval,

whichever is later.

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Sec. 9.

Minnesota Statutes 2024, section 256B.0924, is amended by adding a subdivision

to read:

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Subd. 5a.

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Tribal case manager qualifications.

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An individual is authorized to serve as

a vulnerable adult and developmental disability targeted case manager if the individual is

certified by a federally recognized Tribal government in Minnesota pursuant to section

256B.02, subdivision 7, paragraph (c).

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Sec. 10.

Minnesota Statutes 2025 Supplement, section 256B.0924, subdivision 6, is

amended to read:

Subd. 6.

Payment for targeted case management.

(a) Medical assistance and

MinnesotaCare payment for targeted case management shall be made on a monthly basis.

In order to receive payment for an eligible adult, the provider must document at least one

contact per month and not more than two consecutive months without a face-to-face contact

either in person or by interactive video that meets the requirements in section 256B.0625,

subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,

or other relevant persons identified as necessary to the development or implementation of

the goals of the personal service plan.

(b) Except as provided under paragraph (m), payment for targeted case management

provided by county staff under this subdivision shall be based on the monthly rate

methodology under section
256B.094, subdivision 6
, paragraph (b), calculated as one

combined average rate together with adult mental health case management under section

256B.0625, subdivision 20
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, except for calendar year 2002
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.
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In calendar year 2002, the rate

for case management under this section shall be the same as the rate for adult mental health

case management in effect as of December 31, 2001.
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Billing and payment must identify the

recipient's primary population group to allow tracking of revenues.

(c) Payment for targeted case management provided by county-contracted vendors shall

be based on a monthly rate calculated in accordance with section
256B.076, subdivision 2
.
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Payment for case management provided by vendors who contract with a Tribe must be made

in accordance with Indian health service facility requirements. If a Tribe chooses to contract

with a vendor receiving payment not through an Indian health service facility, the rate must

be based on a monthly rate negotiated by the Tribe.
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The rate must not exceed the rate charged

by the vendor for the same service to other payers. If the service is provided by a team of

contracted vendors, the team shall determine how to distribute the rate among its members.

No reimbursement received by contracted vendors shall be returned to the county
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or Tribe
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,

except to reimburse the county
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or Tribe
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for advance funding provided by the county
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or

Tribe
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to the vendor.

(d) If the service is provided by a team that includes
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any combination of
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contracted

vendors
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and
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,
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county
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staff, and Tribal
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staff, the costs for county staff participation on the

team shall be included in the rate for county-provided services. In this case, the contracted

vendor and the county
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and Tribal case managers
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may each receive separate payment for

services provided by each entity in the same month. In order to prevent duplication of

services,
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the county
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each entity
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must document
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, in the recipient's file,
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the need for team

targeted case management and a description of the different roles of
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the team members
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staff
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.

(e) Notwithstanding section
256B.19, subdivision 1
, the nonfederal share of costs for

targeted case management shall be provided by the recipient's county of responsibility, as

defined in sections
256G.01
to
256G.12
, from sources other than federal funds or funds

used to match other federal funds.
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If the service is provided by a Tribal agency, the recipient's

Tribe must provide the nonfederal share of costs, if any.
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(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider

that does not meet the reporting or other requirements of this section. The county of

responsibility, as defined in sections
256G.01
to
256G.12
,
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or Tribe when applicable,
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is

responsible for any federal disallowances. The county may share this responsibility with

its contracted vendors.

(g) The commissioner shall set aside five percent of the federal funds received under

this section for use in reimbursing the state for costs of developing and implementing this

section.

(h) Payments to counties
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and Tribes
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for targeted case management expenditures under

this section shall only be made from federal earnings from services provided under this

section. Payments to contracted vendors shall include both the federal earnings and the

county share.

(i) Notwithstanding section
256B.041
, county
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or Tribal
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payments for the cost of case

management services provided by county
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or Tribal
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staff shall not be made to the

commissioner of management and budget. For the purposes of targeted case management

services provided by county
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or Tribal
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staff under this section, the centralized disbursement

of payments to counties
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or Tribes
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under section
256B.041
consists only of federal earnings

from services provided under this section.

(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,

and the recipient's institutional care is paid by medical assistance, payment for targeted case

management services under this subdivision is limited to the lesser of:

(1) the last 180 days of the recipient's residency in that facility; or

(2) the limits and conditions which apply to federal Medicaid funding for this service.

(k) Payment for targeted case management services under this subdivision shall not

duplicate payments made under other program authorities for the same purpose.

(l) Any growth in targeted case management services and cost increases under this

section shall be the responsibility of the counties
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or Tribes
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.

(m) The commissioner may make payments for Tribes according to section
256B.0625,

subdivision 34
, or other relevant federally approved rate setting methodologies for vulnerable

adult and developmental disability targeted case management provided by Indian health

services and facilities operated by a Tribe or Tribal organization.

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EFFECTIVE DATE.

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This section is effective January 1, 2027, or upon federal approval,

whichever is later.

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Sec. 11.

Minnesota Statutes 2024, section 256B.0924, subdivision 7, is amended to read:

Subd. 7.

Implementation and evaluation.

The commissioner of human services in

consultation with county boards
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and Tribal Nations
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shall establish a program to accomplish

the provisions of subdivisions 1 to 6. The commissioner in consultation with county boards
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and Tribal Nations
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shall establish performance measures to evaluate the effectiveness of

the targeted case management services. If a county
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or Tribe
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fails to meet agreed-upon

performance measures, the commissioner may authorize contracted providers other than

the county
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or Tribe
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. Providers contracted by the commissioner shall also be subject to the

standards in subdivision 6.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 12.

Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 2, is

amended to read:

Subd. 2.

Definitions.

(a) The terms used in this section have the meanings given in this

subdivision.

(b) "Advanced certification" means a person who has completed advanced certification

in an approved modality under subdivision 13, paragraph (b).

(c) "Agency" means the legal entity that is enrolled with Minnesota health care programs

as a medical assistance provider according to Minnesota Rules, part
9505.0195
, to provide

EIDBI services and that has the legal responsibility to ensure that its employees carry out

the responsibilities defined in this section. Agency includes a licensed individual professional

who practices independently and acts as an agency.

(d) "Autism spectrum disorder or a related condition" or "ASD or a related condition"

means either autism spectrum disorder (ASD) as defined in the current version of the

Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found

to be closely related to ASD, as identified under the current version of the DSM, and meets

all of the following criteria:

(1) is severe and chronic;

(2) results in impairment of adaptive behavior and function similar to that of a person

with ASD;

(3) requires treatment or services similar to those required for a person with ASD; and

(4) results in substantial functional limitations in three core developmental deficits of

ASD: social or interpersonal interaction; functional communication, including nonverbal

or social communication; and restrictive or repetitive behaviors or hyperreactivity or

hyporeactivity to sensory input; and may include deficits or a high level of support in one

or more of the following domains:

(i) behavioral challenges and self-regulation;

(ii) cognition;

(iii) learning and play;

(iv) self-care; or

(v) safety.

(e) "Behavior analyst" means an individual licensed under sections
148.9981
to
148.9995

as a behavior analyst.

(f) "Clinical supervision" means the overall responsibility for the control and direction

of EIDBI service delivery, including
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individual treatment planning,
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staff supervision,
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including observation and direction;
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individual treatment plan
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development and
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progress

monitoring
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,
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; family training and counseling;
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and
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treatment review
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coordinated care

conference coordination
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for each person. Clinical supervision is provided by a qualified

supervising professional (QSP) who takes full professional responsibility for the service

provided by each supervisee and the clinical effectiveness of all interventions.

(g) "Commissioner" means the commissioner of human services, unless otherwise

specified.

(h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive

evaluation of a person to determine medical necessity for EIDBI services based on the

requirements in subdivision 5.

(i) "Department" means the Department of Human Services, unless otherwise specified.

(j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI

benefit" means a variety of individualized, intensive treatment modalities approved and

published by the commissioner that are based in behavioral and developmental science

consistent with best practices on effectiveness.

(k) "Employee of an agency" or "employee" means any individual who is employed

temporarily, part time, or full time by the agency that is submitting claims or billing for the

work, services, supervision, or treatment performed by the individual. Employee does not

include an independent contractor, billing agency, or consultant who is not providing EIDBI

services. Employee does not include an individual who performs work, provides services,

supervises, or provides treatment for less than 80 hours in a 12-month period.

(l) "Generalizable goals" means results or gains that are observed during a variety of

activities over time with different people, such as providers, family members, other adults,

and people, and in different environments including, but not limited to, clinics, homes,

schools, and the community.

(m) "Incident" means when any of the following occur:

(1) an illness, accident, or injury that requires first aid treatment;

(2) a bump or blow to the head; or

(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,

including a person leaving the agency unattended.

(n) "Individual treatment plan" or "ITP" means the person-centered, individualized

written plan of care that integrates and coordinates person and family information from the

CMDE for a person who meets medical necessity for the EIDBI benefit. An individual

treatment plan must meet the standards in subdivision 6.

(o) "Legal representative" means the parent of a child who is under 18 years of age, a

court-appointed guardian, or other representative with legal authority to make decisions

about service for a person. For the purpose of this subdivision, "other representative with

legal authority to make decisions" includes a health care agent or an attorney-in-fact

authorized through a health care directive or power of attorney.

(p) "Mental health professional" means a staff person who is qualified according to

section
245I.04, subdivision 2
.

(q) "Person" means an individual under 21 years of age.

(r) "Person-centered" means a service that both responds to the identified needs, interests,

values, preferences, and desired outcomes of the person or the person's legal representative

and respects the person's history, dignity, and cultural background and allows inclusion and

participation in the person's community.

(s) "Qualified EIDBI provider" means an individual who is a QSP or a level I, level II,

or level III treatment provider.

Sec. 13.

Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 16, is

amended to read:

Subd. 16.

Agency duties.

(a) An agency delivering an EIDBI service under this section

must:

(1) enroll as a medical assistance Minnesota health care program provider according to

Minnesota Rules, part
9505.0195
, and section
256B.04, subdivision 21
, and meet all

applicable provider standards and requirements;

(2) designate an individual as the agency's compliance officer who must perform the

duties described in section
256B.04, subdivision 21
, paragraph (g);

(3) demonstrate compliance with federal and state laws for the delivery of and billing

for EIDBI service;

(4) verify and maintain records of a service provided to the person or the person's legal

representative as required under Minnesota Rules, parts
9505.2175
and
9505.2197
;

(5) demonstrate that while enrolled or seeking enrollment as a Minnesota health care

program provider the agency did not have a lead agency contract or provider agreement

discontinued because of a conviction of fraud; or did not have an owner, board member, or

manager fail a state or federal criminal background check or appear on the list of excluded

individuals or entities maintained by the federal Department of Human Services Office of

Inspector General;

(6) have established business practices including written policies and procedures, internal

controls, and a system that demonstrates the organization's ability to deliver quality EIDBI

services, appropriately submit claims, conduct required staff training, document staff

qualifications, document service activities, and document service quality;

(7) have an office located in Minnesota or a border state;

(8) initiate a background study as required under subdivision 16a;

(9) report maltreatment according to section
626.557
and chapter 260E;

(10) comply with any data requests consistent with the Minnesota Government Data

Practices Act, sections
256B.064
and
256B.27
;

(11) provide training for all agency staff on the requirements and responsibilities listed

in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,

section
626.557
, including mandated and voluntary reporting, nonretaliation, and the agency's

policy for all staff on how to report suspected abuse and neglect;

(12) have a written policy to resolve issues collaboratively with the person and the

person's legal representative when possible. The policy must include a timeline for when

the person and the person's legal representative will be notified about issues that arise in

the provision of services;

(13) provide the person's legal representative with prompt notification if the person is

injured while being served by the agency. An incident report must be completed by the

agency staff member in charge of the person. A copy of all incident and injury reports must

remain on file at the agency for at least five years from the report of the incident;

(14) before starting a service, provide the person or the person's legal representative a

description of the treatment modality that the person shall receive, including the staffing

certification levels and training of the staff who shall provide a treatment;

(15) provide clinical supervision for a minimum of one hour for every 16 hours of direct

treatment per person, unless otherwise authorized in the person's individual treatment plan;

and

(16) provide
new text begin
the
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required EIDBI intervention observation and direction
new text begin
by a QSP or

Level I provider
new text end
at least once per month. Notwithstanding subdivision 13, paragraph (l),

required EIDBI intervention observation and direction under this clause may be conducted

via telehealth provided that no more than two consecutive monthly required EIDBI

intervention observation and direction sessions under this clause are conducted via telehealth.

(b) Upon request of the commissioner, an agency delivering services under this section

must:

(1) identify the agency's controlling individuals, as defined under section
245A.02,

subdivision 5a
;

(2) provide disclosures of the use of billing agencies and other consultants who do not

provide EIDBI services; and

(3) provide copies of any contracts with consultants or independent contractors who do

not provide EIDBI services, including hours contracted and responsibilities.

(c) When delivering the ITP, and annually thereafter, an agency must provide the person

or the person's legal representative with:

(1) a written copy and a verbal explanation of the person's or person's legal

representative's rights and the agency's responsibilities;

(2) documentation in the person's file the date that the person or the person's legal

representative received a copy and explanation of the person's or person's legal

representative's rights and the agency's responsibilities; and

(3) reasonable accommodations to provide the information in another format or language

as needed to facilitate understanding of the person's or person's legal representative's rights

and the agency's responsibilities.

Sec. 14.

Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision

to read:

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Subd. 19.

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Documentation requirements.

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(a) CMDE and EIDBI providers must ensure

that all documentation, including but not limited to health service records and personnel

files, complies with this subdivision, subdivision 16, and Minnesota Rules, parts 9505.2175

and 9505.2197. Documentation must be complete, legible, accurate, and readily accessible.

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(b) All documentation must:

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(1) be legible and understandable to individuals outside service delivery;

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(2) include the participant's name on each health record page and the provider's name

on each personnel file page;

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(3) be signed and dated by the provider completing the documentation, with the provider's

full name, title, and credentials;

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(4) be entered within 72 hours of service, and contain a record and explanation of any

delays in entry;

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(5) clearly reflect clinical decision-making and support medical necessity;

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(6) be securely stored in accordance with the Health Insurance Portability and

Accountability Act (HIPAA), Public Law 104-191;

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(7) be stored in accordance with state and federal document retention laws;

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(8) be available for review or audit;

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(9) include a record of caregiver involvement where applicable; and

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(10) include a record of supervision and oversight for staff providing services requiring

supervision under EIDBI policy.

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(c) Each EIDBI service occurrence must be documented in a progress note in a manner

and with the information determined by the commissioner.

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(d) All providers must maintain current personnel records for each employee in a manner

determined by the commissioner that include:

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(1) the employee's name, contact information, and hire date;

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(2) the employee's completed employment application and acknowledgment of duties;

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(3) the job description for the employee's job with the effective date;

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(4) verification of the employee's qualifications, including but not limited to education,

licenses, certifications, enrollment attestation, degrees, transcripts, and experience;

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(5) a background check pursuant to chapter 245C;

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(6) orientation and required training the employee attended, including but not limited

to training on mandated reporting, cultural responsiveness, and EIDBI competencies;

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(7) the dates of the employee's first supervised and unsupervised client contact following

employment;

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(8) documentation of supervision received by the employee, including but not limited

to the supervisor's name and credentials, dates of supervision, and supervision content;

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(9) the employee's CPR and emergency response training, if required; and

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(10) the employee's annual performance evaluations.

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Sec. 15.

Minnesota Statutes 2024, section 256B.4905, subdivision 2a, is amended to read:

Subd. 2a.

Informed choice policy.

(a) It is the policy of this state that all adults who

have disabilities and, with support from their families or legal representatives, that all

children who have disabilities:

(1) may make informed choices to select and utilize disability services and supports;

and

(2) are offered an informed decision-making process sufficient to make informed choices.

(b) It is the policy of this state that disability waivers services support the presumption

that adults who have disabilities and, with support from their families or legal representatives,

all children who have disabilities may make informed choices; and that all adults who have

disabilities and all families of children who have disabilities and are accessing waiver

services under sections
256B.092
and
256B.49
are provided an informed decision-making

process that satisfies the requirements of subdivision 3a.

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(c) Lead agencies must support individuals in making informed choices by:

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(1) providing complete and accurate information about available home and

community-based services and settings;

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(2) providing the information in a manner that is culturally and linguistically appropriate;

and

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(3) facilitating access to services that reflect the individual's preferences and assessed

needs.

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(d) For individuals who are members of or affiliated with a federally recognized Tribal

Nation located within Minnesota, informed choice includes the right to receive services

administered or provided by the individual's Tribal Nation. Lead agencies must:

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(1) inform individuals of services offered by Tribal Nations enrolled as Minnesota health

care providers;

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(2) directly coordinate with the individual's Tribal Nation human services agency when

the individual seeks or may be eligible for services administered or provided by that Tribal

Nation; and

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(3) ensure that service planning and delivery respects the individual's rights as both a

member of a sovereign Tribal Nation and a resident of Minnesota.

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(e) County lead agencies and Tribal Nation human services agencies must establish and

maintain procedures to share updated contact information, coordinate case management,

and provide timely referrals necessary to ensure that informed choice is fully exercised.

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(f) Nothing in this section limits the sovereignty of Tribal Nations or the authority of

Tribal governments to administer home and community-based services to their members.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 16.

Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 10a, is

amended to read:

Subd. 10a.

Reporting and analysis of cost data.

(a) The commissioner must ensure

that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the

service. As determined by the commissioner, in consultation with community partners

identified in subdivision 17, a provider enrolled to provide services with rates determined

under this section must submit requested cost data to the commissioner to support research

on the cost of providing services that have rates determined by the disability waiver rates

system. Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the

commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal

year that ended not more than 18 months prior to the submission date. The commissioner

shall provide each provider a 90-day notice prior to its submission due date.
new text begin
The

commissioner may review report submissions for inaccurate, inconclusive, incomplete, or

otherwise deficient data and may remove the report from submitted status for further

verification.
new text end
If a provider fails to submit required reporting data, the commissioner shall

provide notice to providers that have not provided required data 30 days after the required

submission date, and a second notice for providers who have not provided required data 60

days after the required submission date. The commissioner shall temporarily suspend

payments to the provider if cost data is not received 90 days after the required submission

date. Withheld payments shall be made once data is received
new text begin
and reviewed for compliance
new text end

by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under

paragraph (a) to ensure data accuracy.
new text begin
Providers selected to validate cost reports must

respond to the commissioner within 30 days with the requested financial documentation. If

a provider fails to respond to the commissioner with all the requested information within

30 days, the commissioner must temporarily suspend payments. The commissioner must

resume payments once the requested documentation is received. If a provider is unable to

validate the provider's costs with supporting documentation, the commissioner must require

the provider to participate in the random validation the next year that the commissioner

selects providers to report their costs.
new text end
The commissioner shall analyze cost documentation

in paragraph (a) and provide recommendations for adjustments to cost components.

(d) The commissioner shall analyze cost data submitted under paragraph (a). The

commissioner shall release cost data in an aggregate form. Cost data from individual

providers must not be released except as provided for in current law.

(e) Beginning January 1, 2029, the commissioner shall use data collected in paragraph

(a) to determine the compliance with requirements identified under subdivision 10d. The

commissioner shall identify providers who have not met the thresholds identified under

subdivision 10d on the Department of Human Services website for the year for which the

providers reported their costs.

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EFFECTIVE DATE.

new text end

new text begin

This section is effective January 1, 2027.

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Sec. 17.

Minnesota Statutes 2024, section 256B.5012, subdivision 21, is amended to read:

Subd. 21.

ICF/DD rate increases after January 1, 2025.

Beginning January 1, 2025,

and every year thereafter, the
new text begin
minimum daily operating
new text end
rates under this section must be

updated for the percentage change in the Consumer Price Index (CPI-U) from the previous

July 1 to the data available 12 months and one day prior.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

Sec. 18.

Minnesota Statutes 2024, section 256B.851, subdivision 8, is amended to read:

Subd. 8.

Personal care provider agency; required reporting of cost data; training.

(a)

As determined by the commissioner and in consultation with stakeholders, agencies enrolled

to provide services with rates determined under this section must submit requested cost data

to the commissioner. The commissioner may request cost data, including but not limited

to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) staff vacancy rates; and

(11) other data relating to costs required to provide services requested by the

commissioner.

(b) At least once in any three-year period, a provider must submit the required cost data

for a fiscal year that ended not more than 18 months prior to the submission date. The

commissioner must provide each provider a 90-day notice prior to its submission due date.
new text begin

The commissioner may review report submissions for inaccurate, inconclusive, incomplete,

or otherwise deficient data and may remove the report from submitted status for further

verification.
new text end
If a provider fails to submit required cost data, the commissioner must provide

notice to a provider that has not provided required cost data 30 days after the required

submission date and a second notice to a provider that has not provided required cost data

60 days after the required submission date. The commissioner must temporarily suspend

payments to a provider if the commissioner has not received required cost data 90 days after

the required submission date. The commissioner must make withheld payments when the

required cost data is received
new text begin
and reviewed for compliance
new text end
by the commissioner.

(c) The commissioner must conduct a random validation of data submitted under this

subdivision to ensure data accuracy.
new text begin
A provider selected to validate the provider's cost

reports must respond to the commissioner within 30 days with the requested financial

documentation. If a provider fails to respond to the commissioner with the requested

information within 30 days, the commissioner must temporarily suspend payments. The

commissioner must resume payments once the requested documentation is received. If a

provider is unable to validate the provider's costs with supporting documentation, the

commissioner must require the provider to participate in the random validation the next

year that the commissioner selects providers to report their costs.
new text end
The commissioner shall

analyze cost documentation in paragraph (a) and provide recommendations for adjustments

to cost components.

(d) The commissioner, in consultation with stakeholders, must develop and implement

a process for providing training and technical assistance necessary to support provider

submission of cost data required under this subdivision.

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EFFECTIVE DATE.

new text end

new text begin

This section is effective January 1, 2027.

new text end

Sec. 19.

Minnesota Statutes 2024, section 256S.21, subdivision 3, is amended to read:

Subd. 3.

Cost reporting.

(a) As determined by the commissioner, in consultation with

stakeholders, a provider enrolled to provide services with rates determined under this chapter

must submit requested cost data to the commissioner to support evaluation of the rate

methodologies in this chapter. Requested cost data may include but are not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the

commissioner.

(b) At least once in any five-year period, a provider must submit
new text begin
the required
new text end
cost data

for a fiscal year that ended not more than 18 months prior to the submission date. The

commissioner
deleted text begin
shall
deleted text end
new text begin
must
new text end
provide each provider a 90-day notice prior to the provider's

submission due date.
new text begin
The commissioner may review report submissions for inaccurate,

inconclusive, incomplete, or otherwise deficient data and may remove the report from

submitted status for further verification.
new text end
If by 30 days after the required submission date a

provider fails to submit required reporting data, the commissioner
deleted text begin
shall
deleted text end
new text begin
must
new text end
provide notice

to the provider
deleted text begin
, and
deleted text end
new text begin
.
new text end
If by 60 days after the required submission date a provider has not

provided the required data, the commissioner
deleted text begin
shall
deleted text end

new text begin
must
new text end
provide a second notice. The

commissioner
deleted text begin
shall
deleted text end
new text begin
must
new text end
temporarily suspend payments to
deleted text begin
the
deleted text end
new text begin
a
new text end
provider if
new text begin
the commissioner

has not received the required
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cost data
deleted text begin
is not received
deleted text end
90 days after the required submission

date
new text begin
or 90 days after the Department of Human Services requests updated data
new text end
.
new text begin
The

commissioner must make
new text end
withheld payments
deleted text begin
must be made once data is received
deleted text end
new text begin
when the

required cost data is received and reviewed for compliance
new text end
by the commissioner.

(c) The commissioner shall coordinate the cost reporting activities required under this

section with the cost reporting activities directed under section
256B.4914, subdivision 10a
.

(d) The commissioner shall analyze cost documentation in paragraph (a) and, in

consultation with stakeholders, may submit recommendations on rate methodologies in this

chapter, including ways to monitor and enforce the spending requirements directed in section
deleted text begin

256S.2101, subdivision 3
,
deleted text end
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256S.211, subdivision 4,
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through the reports directed by

subdivision 2.

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EFFECTIVE DATE.

new text end

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This section is effective January 1, 2027.

new text end

Sec. 20.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 1a.

new text end

new text begin

Adult protective services.

new text end

new text begin

Adult protective services must receive referrals

from the common entry point and carry out lead investigative agency duties to investigate

for a determination of responsibility for maltreatment. When the county social services

agency is the lead investigative agency, or when the Department of Human Services or

Department of Health in the role of the lead investigative agency request adult protective

services, adult protective services must conduct assessments, develop services plans, and

implement interventions to safeguard adults who are vulnerable and suspected of experiencing

maltreatment. Adult protective services must conclude services following final determination

of maltreatment and the adult is assessed as safe. The Department of Human Services is the

state agency responsible for supervision of adult protective services administered by county

social services agencies.

new text end

Sec. 21.

Minnesota Statutes 2024, section 626.557, subdivision 9, is amended to read:

Subd. 9.

Common entry point designation.

(a) The commissioner of human services

shall establish a common entry point. The common entry point is the unit responsible for

receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to
deleted text begin
take calls
deleted text end

new text begin
accept

reports
new text end
from reporters of suspected maltreatment
new text begin
and make required referrals for suspected

maltreatment of a vulnerable adult
new text end
. The common entry point shall use a standard intake

form that includes:

(1) the time and date of the report;

(2) the name, relationship, and identifying and contact information for the person believed

to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;

(3) the name, relationship, and contact information for the:

(i) reporter;

(ii) initial reporter, witnesses, and persons who may have knowledge about the

maltreatment; and

(iii) legal surrogate and persons who may provide support to the vulnerable adult;

(4) the basis of vulnerability for the vulnerable adult;

(5) the time, date, and location of the incident;

(6) the immediate safety risk to the vulnerable adult;

(7) a description of the suspected maltreatment;

(8) the impact of the suspected maltreatment on the vulnerable adult;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) the actions taken to protect the vulnerable adult;

(11) the required notifications and referrals made by the common entry point; and

(12) whether the reporter wishes to receive notification of the disposition.

(c) The common entry point is not required to complete each item on the form prior to

dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency any

incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative agency,

those agencies shall take the report on the appropriate common entry point intake forms

and immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and dispatch

reports efficiently and in accordance with this section.

(g) The commissioner of human services shall maintain a centralized database for the

collection of common entry point data, lead investigative agency data including maltreatment

report disposition, and appeals data. The common entry point shall have access to the

centralized database and must log the reports into the database.

(h) When appropriate, the common entry point staff must refer calls that do not allege

the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might

resolve the reporter's concerns.

(i) A common entry point must be operated in a manner that enables the commissioner

of human services to:

(1) track critical steps in the reporting, evaluation, referral, response, disposition, and

investigative process to ensure compliance with all requirements for all reports;

(2) maintain data to facilitate the production of aggregate statistical reports for monitoring

patterns of abuse, neglect, or exploitation;

(3) serve as a resource for the evaluation, management, and planning of preventative

and remedial services for vulnerable adults who have been subject to abuse, neglect, or

exploitation;

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness

of the common entry point; and

(5) track and manage consumer complaints related to the common entry point.

(j) The commissioners of human services and health shall collaborate on the creation of

a system for referring reports to the lead investigative agencies. This system shall enable

the commissioner of human services to track critical steps in the reporting, evaluation,

referral, response, disposition, investigation, notification, determination, and appeal processes.

Sec. 22.

Minnesota Statutes 2024, section 626.557, subdivision 9a, is amended to read:

Subd. 9a.

Evaluation and referral of reports made to common entry point.

(a) The

common entry point must screen the reports of alleged or suspected maltreatment for

immediate risk and make all necessary referrals
deleted text begin
as follows
deleted text end
new text begin
using the referral guidelines

established by the commissioner and the following
new text end
:

(1) if the common entry point determines that there is an immediate need for emergency

adult protective services, the common entry point agency shall immediately notify the

appropriate county agency;

(2) if the report contains suspected criminal activity against a vulnerable adult, the

common entry point shall immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected maltreatment

to the appropriate lead investigative agency as soon as possible, but in any event no longer

than two working days;

(4) if the report contains information about a suspicious death, the common entry point

shall immediately notify the appropriate law enforcement agencies, the local medical

examiner, and the ombudsman for mental health and developmental disabilities established

under section
245.92
. Law enforcement agencies shall coordinate with the local medical

examiner and the ombudsman as provided by law; and

(5) for reports involving multiple locations or changing circumstances, the common

entry point shall determine the county agency responsible for emergency adult protective

services and the county responsible as the lead investigative agency
deleted text begin
, using referral guidelines

established by the commissioner
deleted text end
.

(b) If the lead investigative agency receiving a report believes the report was referred

by the common entry point in error, the lead investigative agency shall immediately notify

the common entry point of the error, including the basis for the lead investigative agency's

belief that the referral was made in error. The common entry point shall review the

information submitted by the lead investigative agency and immediately refer the report to

the appropriate lead investigative agency
new text begin
using the referral guidelines established by the

commissioner
new text end
.

Sec. 23.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11b.

new text end

new text begin

County social services agency; responsibilities.

new text end

new text begin

The county social services

agency is responsible for supervision of:

new text end

new text begin

(1) intake decisions for initial disposition of the report;

new text end

new text begin

(2) agency prioritization used to screen out an adult meeting eligibility for adult protective

services as vulnerable and maltreated;

new text end

new text begin

(3) safety, assessment, and services plans;

new text end

new text begin

(4) protective service interventions;

new text end

new text begin

(5) use of guardianship and other involuntary interventions;

new text end

new text begin

(6) final determination for maltreatment; and

new text end

new text begin

(7) case closure decisions.

new text end

Sec. 24.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11c.

new text end

new text begin

County social services agency; referrals.

new text end

new text begin

(a) When the common entry point

refers a report to the county social services agency as the lead investigative agency or makes

a referral to the county social services agency for emergency adult protective services, or

when another lead investigative agency requests adult protective services from the county

social services agency for an adult referred to that lead investigative agency by the common

entry point, the county social services agency must use the data report system and

standardized decision and assessment tools provided by the commissioner of human services.

The information entered by the county social services agency into the data system and

standardized tools must be accessible to the Department of Human Services for the

department to meet federal requirements, evaluate consistent application of policy, review

quality of services and outcomes for adults, and meet requirements for background studies

and disqualification of individuals determined responsible for vulnerable adult maltreatment

under chapter 245C.

new text end

new text begin

(b) The county social services agency must screen the report using the standardized tools

provided by the commissioner to determine:

new text end

new text begin

(1) whether the referred adult meets adult protective services eligibility as potentially

vulnerable and maltreated under this section; and

new text end

new text begin

(2) the response time required to initiate adult protective services.

new text end

new text begin

(c) For reports referred by the common entry point for emergency adult protective

services, the county social services agency must immediately screen the report to determine

whether the adult should be accepted for emergency adult protective services. If the adult

is accepted for emergency adult protective services, the county social services agency must

immediately offer protective services to prevent further maltreatment and safeguard the

welfare of the vulnerable adult. Assessment of adults accepted by the county social services

agency for emergency protective services must be conducted in person by the agency or a

designee within 24 hours of the agency receiving the referral. When sexual or physical

abuse is suspected, the county social services agency must immediately arrange for and

make available to the vulnerable adult appropriate medical examination and services.

new text end

new text begin

(d) For reports referred by the common entry point to the county as lead investigative

agency, the county social services agency must screen the report and make an initial

determination within seven calendar days following receipt of the report from the common

entry point on whether the adult should be accepted for adult protective services.

new text end

new text begin

(e) For referrals made for adult protective services by the Department of Human Services

or the Department of Health in the applicable department's role as the lead investigative

agency responsible for reports made under this section, the county social services agency

must screen the report and determine within seven calendar days following receipt of referral

whether the adult should be accepted for adult protective services.

new text end

new text begin

(f) If an adult meets eligibility requirements but is not accepted for adult protective

services based on local agency prioritization, the agency must document the reason for the

screening decision in the standardized tool provided by the commissioner.

new text end

Sec. 25.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11d.

new text end

new text begin

County social services agency; assessments.

new text end

new text begin

(a) For adults accepted into

adult protective services, the county social services agency must decide, prior to initiation

of assessment activities, if the agency must also conduct an investigation for final disposition

for responsibility of maltreatment in addition to the assessment for adult protective services.

new text end

new text begin

(b) The county social services agency must conduct assessments concurrently with

investigations when: (1) the county is both the lead investigative agency and responsible

for making a final determination of responsibility for maltreatment; or (2) another lead

investigative agency responsible for the final determination of maltreatment requests

assistance from the county social services agency.

new text end

new text begin

(c) The county social services agency must conduct an in-person assessment to initiate

adult protective services:

new text end

new text begin

(1) within 24 hours of accepting a referral for emergency protective services;

new text end

new text begin

(2) within 24 hours of making an initial disposition that the adult is in immediate need

of protection, unless an in-person response would endanger the safety of the adult; or

new text end

new text begin

(3) within 72 hours but in no instance later than seven calendar days from the first

business day after receiving the report for adults accepted for adult protective services.

new text end

new text begin

(d) The county social services agency must use the standardized decision, assessment,

and service planning tools provided by the commissioner with all vulnerable adults accepted

for adult protective services. The county social services agency must involve the vulnerable

adult in the assessment and service plan. The county social services agency must document

and update assessment and service plans consistent with significant changes in the vulnerable

adult's health and safety.

new text end

new text begin

(e) The county social services agency must notify the vulnerable adult and, if applicable,

the guardian or health care agent of the vulnerable adult of the results of the assessment and

service plan, including but not limited to recommendations for protective services intervention

to stop or prevent maltreatment and to protect the vulnerable adult's health, safety, and

comfort. When necessary to prevent further maltreatment or safeguard the vulnerable adult,

the county social services agency may share the results of the assessment with the vulnerable

adult's primary supports.

new text end

Sec. 26.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11e.

new text end

new text begin

County social services agency; investigations.

new text end

new text begin

(a) The county social services

agency must investigate for a final disposition of responsibility for maltreatment for an

allegation of:

new text end

new text begin

(1) abuse;

new text end

new text begin

(2) financial abuse by a fiduciary;

new text end

new text begin

(3) financial exploitation involving a nonfiduciary that may be criminal or that involved

force, coercion, harassment, deception, fraud, undue influence, or a scam;

new text end

new text begin

(4) financial exploitation that involved another type of maltreatment;

new text end

new text begin

(5) caregiver neglect by a paid caregiver or personal care assistance provider under

chapter 256B;

new text end

new text begin

(6) caregiver neglect by an unpaid caregiver that resulted in intentional harm to the

vulnerable adult or involved another type of maltreatment; and

new text end

new text begin

(7) a situation for which the county social services agency finds that a determination of

responsibility of maltreatment may safeguard a vulnerable adult or prevent further

maltreatment.

new text end

new text begin

(b) The county social services agency must conduct an investigation for final disposition

of responsibility for maltreatment if the agency receives information during an assessment

that indicates the presence of any scenario listed in paragraph (a) or subdivision 11f.

new text end

Sec. 27.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11f.

new text end

new text begin

County social services agency; self-neglect.

new text end

new text begin

(a) The county social services

agency may determine that an allegation that does not result in a determination of

responsibility for maltreatment is:

new text end

new text begin

(1) self-neglect;

new text end

new text begin

(2) neglect by an unpaid caregiver that did not result in intentional harm to the vulnerable

adult and did not involve another type of alleged maltreatment; or

new text end

new text begin

(3) financial exploitation by a nonfiduciary that is consistent with the choice of the adult

and not criminal or involving force, coercion, harassment, deception, fraud, undue influence,

a scam, or another type of alleged maltreatment.

new text end

new text begin

(b) An allegation of self-neglect is a substantiated determination if the county social

services agency determines that adult protective services are needed.

new text end

Sec. 28.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11g.

new text end

new text begin

County social services agency; initial contact.

new text end

new text begin

(a) At the initial contact

with the vulnerable adult accepted by the county social services agency, the agency must

provide the vulnerable adult with information about the process for adult protective services

and the vulnerable adult's rights as an adult protective client.

new text end

new text begin

(b) At initial contact, the county social services agency must inform the individual or

entity alleged responsible for maltreatment of the allegation in a manner consistent with

requirements under this section to protect the identity of the reporter. The interview with

the individual or entity alleged responsible for maltreatment may be postponed at the request

of a law enforcement agency or if the interview may endanger the safety of the vulnerable

adult.

new text end

Sec. 29.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11h.

new text end

new text begin

County social services agency; agency authority.

new text end

new text begin

(a) A county social

services agency may enter all facilities and business premises of a licensed provider to

inspect and copy records as part of an adult protective services assessment or investigation.

The licensed provider must provide the county social services agency access to not public

data as defined in section 13.02, subdivision 8a, and medical records under sections 144.291

to 144.298 that are maintained at the facilities and business premises to the extent that the

data and records are necessary to conduct the agency's investigation. The licensed provider

must provide the county social services agency access to all available sources of information

at the facilities and business premises, not only written records.

new text end

new text begin

(b) When necessary in order to protect a vulnerable adult from serious harm from

maltreatment, the county social services agency may seek any of the following protective

services interventions:

new text end

new text begin

(1) emergency protective services;

new text end

new text begin

(2) participation of law enforcement or emergency medical services;

new text end

new text begin

(3) authority from a court to remove an adult from the situation in which maltreatment

occurred;

new text end

new text begin

(4) a restraining order or court order for removal of the perpetrator from the residence

of the vulnerable adult pursuant to section 518.01;

new text end

new text begin

(5) a referral for a financial transaction hold under chapter 45A or a protective

arrangement under this chapter or chapter 524;

new text end

new text begin

(6) a referral for a representative payee;

new text end

new text begin

(7) a referral to the prosecuting attorney for possible criminal prosecution of the

perpetrator under chapter 609;

new text end

new text begin

(8) the appointment or replacement of a guardian or conservator pursuant to sections

524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A when

maltreatment has been substantiated and when less restrictive interventions are not sufficient

to stop or reduce the risk of serious harm from maltreatment; and

new text end

new text begin

(9) other interventions recommended by a multidisciplinary team under this section.

new text end

new text begin

(c) The county social services agency may seek the protective services interventions

under paragraph (b) regardless of the vulnerable adult's voluntary or involuntary participation.

new text end

new text begin

(d) The county social services agency may offer voluntary service interventions to

support the vulnerable adult or primary supports to stop, reduce the risk for, or prevent

subsequent maltreatment.

new text end

Sec. 30.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11i.

new text end

new text begin

County social services agency; legal intervention.

new text end

new text begin

(a) In proceedings under

sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to

petition for guardianship or conservatorship, a county employee must present the petition

with representation by the county attorney. The county must contract with or arrange for a

suitable person or organization to provide ongoing guardianship services. If the county

presents evidence to the court exercising probate jurisdiction that the county has made

diligent effort and no other suitable person can be found, a county employee may serve as

guardian or conservator.

new text end

new text begin

(b) The county must not retaliate against the employee for any action taken on behalf

of the person subject to guardianship or conservatorship, even if the action is adverse to the

county's interests. Any person retaliated against in violation of this subdivision shall have

a cause of action against the county and is entitled to reasonable attorney fees and costs of

the action if the action is upheld by the court.

new text end

new text begin

(c) The expenses of a legal intervention must be paid by the county in the case of indigent

persons under section 524.5-502 and chapter 563.

new text end

Sec. 31.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision

to read:

new text begin

Subd. 11j.

new text end

new text begin

County social services agency; conflict of interest.

new text end

new text begin

(a) A county that

identifies a potential conflict of interest under paragraph (c) related to an investigation,

assessment, or protective services intervention must coordinate with another county social

services agency to delegate the initial county's authority as the lead investigative agency to

remediate the potential conflict. County social services agencies must cooperate and accept

jurisdiction when an initial county social services agency identifies a potential conflict of

interest and requests the other county's assistance.

new text end

new text begin

(b) The initial county must notify the commissioner of human services when no other

county is available to accept delegation of adult protective services duties. If the

commissioner is notified that no other county is available, the commissioner may use the

authority under subdivision 9a to determine the county social services agency responsible

as lead investigative agency and for adult protective services.

new text end

new text begin

(c) A county social services agency employee or designee must not have:

new text end

new text begin

(1) a personal or family relationship with a party in the investigation or assessment;

new text end

new text begin

(2) a dual relationship, as defined in Code of Federal Regulations, title 45, section

1324.401, with the vulnerable adult;

new text end

new text begin

(3) a personal financial interest or financial relationship with a provider receiving referrals

from the employee; or

new text end

new text begin

(4) any other appearance of conflict of interest as determined by the county social services

agency.

new text end

Sec. 32.

Minnesota Statutes 2024, section 626.557, subdivision 12b, is amended to read:

Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a

lead investigative agency, the county social
deleted text begin
service
deleted text end
new text begin
services
new text end
agency shall maintain appropriate

records. Data collected by the county social
deleted text begin
service
deleted text end
new text begin
services
new text end
agency under this section while

providing adult protective services are welfare data under section
13.46
. Investigative data

collected under this section are confidential data on individuals or protected nonpublic data

as defined under section
13.02
. Notwithstanding section
13.46, subdivision 1
, paragraph

(a), data under this paragraph that are inactive investigative data on an individual who is a

vendor of services are private data on individuals, as defined in section
13.02
. The identity

of the reporter may only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential data on individuals or

protected nonpublic data as defined in section
13.02
. Notwithstanding section
138.163
, the

common entry point shall maintain data for three calendar years after date of receipt and

then destroy the data unless otherwise directed by federal requirements.

(b) The commissioners of health and human services shall prepare an investigation

memorandum for each report alleging maltreatment investigated under this section. County

social
deleted text begin
service
deleted text end
new text begin
services
new text end
agencies must maintain private data on individuals but are not required

to prepare an investigation memorandum. During an investigation by the commissioner of

health or the commissioner of human services, data collected under this section are

confidential data on individuals or protected nonpublic data as defined in section
13.02
.

Upon completion of the investigation, the data are classified as provided in clauses (1) to

(3) and paragraph (c).

(1) The investigation memorandum must contain the following data, which are public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be substantiated, inconclusive, false,

or that no determination will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead investigative agency; and

(ix) when a lead investigative agency's determination has substantiated maltreatment, a

statement of whether an individual, individuals, or a facility were responsible for the

substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity

of the reporter and of the vulnerable adult and may not contain the names or, to the extent

possible, data on individuals or private data listed in clause (2).

(2) Data on individuals collected and maintained in the investigation memorandum are

private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the perpetrator;

(iii) the identity of the individual substantiated as the perpetrator; and

(iv) the identity of all individuals interviewed as part of the investigation.

(3) Other data on individuals maintained as part of an investigation under this section

are private data on individuals upon completion of the investigation.

(c) The name of the reporter must be confidential. The subject of the report may compel

disclosure of the name of the reporter only with the consent of the reporter or upon a written

finding by a court that the report was false and there is evidence that the report was made

in bad faith. This subdivision does not alter disclosure responsibilities or obligations under

the Rules of Criminal Procedure, except that where the identity of the reporter is relevant

to a criminal prosecution, the district court shall do an in-camera review prior to determining

whether to order disclosure of the identity of the reporter.

(d) Notwithstanding section
138.163
, data maintained under this section by the

commissioners of health and human services
new text begin
and county adult protective services
new text end
must be

maintained under the following schedule and then destroyed unless otherwise directed by

federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding

was made
new text begin
for reports under the jurisdiction of the Department of Human Services or the

Department of Health and five years after the finding was made for reports under the

jurisdiction of county adult protective services
new text end
;

(2) data from reports determined to be inconclusive, maintained for four years after the

finding was made
new text begin
for reports under the jurisdiction of the Department of Human Services

or the Department of Health and five years after the finding was made for reports under the

jurisdiction of county adult protective services
new text end
;

(3) data from reports determined to be substantiated, maintained for seven years after

the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for

which there is no final disposition, maintained for three years from the date of the report
new text begin

for reports under the jurisdiction of the Department of Human Services or the Department

of Health and five years from the date of the report for reports under the jurisdiction of

county adult protective services
new text end
.

(e) The commissioners of health and human services shall annually publish on their

websites the number and type of reports of alleged maltreatment involving licensed facilities

reported under this section, the number of those requiring investigation under this section,

and the resolution of those investigations.

deleted text begin

(f) Each lead investigative agency must have a record retention policy.

deleted text end

deleted text begin

(g)
deleted text end
new text begin
(f)
new text end
Lead investigative agencies, county agencies responsible for adult protective

services, prosecuting authorities, and law enforcement agencies may exchange not public

data, as defined in section
13.02
, with a tribal agency, facility, service provider, vulnerable

adult, primary support person for a vulnerable adult,
new text begin
emergency management service,

financial institution, medical examiner,
new text end
state licensing board, federal or state agency, the

ombudsman for long-term care, or the ombudsman for mental health and developmental

disabilities, if the agency or authority providing the data determines that the data are pertinent

and necessary to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable

adult, or for an investigation under this section. Data collected under this section must be

made available to prosecuting authorities and law enforcement officials, local county

agencies,
new text begin
the commissioner of human services as the state Medicaid agency,
new text end
and licensing

agencies investigating the alleged maltreatment under this section. The lead investigative

agency shall exchange not public data with the vulnerable adult maltreatment review panel

established in section
256.021
if the data are pertinent and necessary for a review requested

under that section. Notwithstanding section
138.17
, upon completion of the review, not

public data received by the review panel must be destroyed.

deleted text begin

(h)
deleted text end
new text begin
(g)
new text end
Each lead investigative agency shall keep records of the length of time it takes

to complete its investigations.

deleted text begin

(i)
deleted text end
new text begin
(h)
new text end
A lead investigative agency may notify other affected parties and their authorized

representative if the lead investigative agency has reason to believe maltreatment has occurred

and determines the information will safeguard the well-being of the affected parties or dispel

widespread rumor or unrest in the affected facility.

deleted text begin

(j)
deleted text end
new text begin
(i)
new text end
Under any notification provision of this section, where federal law specifically

prohibits the disclosure of patient identifying information, a lead investigative agency may

not provide any notice unless the vulnerable adult has consented to disclosure in a manner

which conforms to federal requirements.

new text begin

(j) When a county agency acting as the lead investigative agency is aware the person

determined responsible for maltreatment is a guardian or conservator appointed under

chapter 524, the county agency must share the final determination with the Minnesota

Judicial Branch within 14 calendar days of the determination.

new text end

Sec. 33.

Minnesota Statutes 2024, section 626.5572, subdivision 2, is amended to read:

Subd. 2.

Abuse.

"Abuse" means:

(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate,

or aiding and abetting a violation of:

(1) assault in the first through fifth degrees as defined in sections
609.221
to
609.224
;

(2) the use of drugs to injure or facilitate crime as defined in section
609.235
;

(3) the solicitation, inducement, and promotion of prostitution as defined in section

609.322
; and

(4) criminal sexual conduct in the first through fifth degrees as defined in sections

609.342
to
609.3451
.

A violation includes any action that meets the elements of the crime, regardless of

whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section,

which produces or could reasonably be expected to produce physical pain or injury or

emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable

adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable

adult or the treatment of a vulnerable adult which would be considered by a reasonable

person to be disparaging, derogatory, humiliating, harassing, or threatening; or

(3) use of any aversive or deprivation procedure, unreasonable confinement, or

involuntary seclusion, including the forced separation of the vulnerable adult from other

persons against the will of the vulnerable adult or the legal representative of the vulnerable

adult unless authorized under applicable licensing requirements or Minnesota Rules, chapter

9544.

new text begin

(c) Any contact with the vulnerable adult that is not therapeutic conduct and a reasonable

person would consider a sexual act or any nonconsensual sexual interaction with the

vulnerable adult, including but not limited to:

new text end

new text begin

(1) making, viewing, or sharing sexual images or videos with or of the vulnerable adult;

and

new text end

new text begin

(2) using oral, written, gestured, or electronic communication that is sexually harassing,

including but not limited to unwelcome sexual advances or requests for sexual favors.

new text end

deleted text begin

(c)
deleted text end
new text begin
(d)
new text end
Any sexual contact or penetration as defined in section
609.341
, between a facility

staff person or a person providing services in the facility and a resident, patient, or client

of that facility.

deleted text begin

(d)
deleted text end
new text begin
(e)
new text end
The act of forcing, compelling, coercing, or enticing a vulnerable adult against

the vulnerable adult's will to perform services for the advantage of another.

deleted text begin

(e)
deleted text end
new text begin
(f)
new text end
For purposes of this section, a vulnerable adult is not abused for the sole reason

that the vulnerable adult or a person with authority to make health care decisions for the

vulnerable adult under sections
144.651
,
144A.44
, chapter 145B, 145C or 252A, or section

253B.03
or 524.5-313, refuses consent or withdraws consent, consistent with that authority

and within the boundary of reasonable medical practice, to any therapeutic conduct, including

any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition

of the vulnerable adult or, where permitted under law, to provide nutrition and hydration

parenterally or through intubation. This paragraph does not enlarge or diminish rights

otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an

involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

deleted text begin

(f)
deleted text end
new text begin
(g)
new text end
For purposes of this section, a vulnerable adult is not abused for the sole reason

that the vulnerable adult, a person with authority to make health care decisions for the

vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or

prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of

medical care, provided that this is consistent with the prior practice or belief of the vulnerable

adult or with the expressed intentions of the vulnerable adult.

deleted text begin

(g)
deleted text end
new text begin
(h)
new text end
For purposes of this section, a vulnerable adult is not abused for the sole reason

that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional

dysfunction or undue influence, engages in consensual sexual contact with:

(1) a person, including a facility staff person, when a consensual sexual personal

relationship existed prior to the caregiving relationship; or

(2) a personal care attendant, regardless of whether the consensual sexual personal

relationship existed prior to the caregiving relationship.

Sec. 34.

Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision

to read:

new text begin

Subd. 3a.

new text end

new text begin

Adult protective services.

new text end

new text begin

"Adult protective services" means an adult

protection program administered by a county social services agency under the authority of

the agency's governing body or delegated to a Tribal government by the commissioner of

human services to support adults referred for maltreatment to live safely and with dignity.

new text end

Sec. 35.

Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision

to read:

new text begin

Subd. 3b.

new text end

new text begin

Assessment.

new text end

new text begin

"Assessment" means a structured process conducted by a county

social services agency to review the safety, strengths, and needs of an adult referred as

vulnerable and maltreated and accepted by the agency for adult protective services and to

develop a service plan to stop, prevent, and reduce risk of maltreatment for the adult using

standardized tools provided by the Department of Human Services.

new text end

Sec. 36.

Minnesota Statutes 2024, section 626.5572, subdivision 9, is amended to read:

Subd. 9.

Financial exploitation.

"Financial exploitation" means:

(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent

regulations, contractual obligations, documented consent by a competent person, or the

obligations of a responsible party under section
144.6501
, a person:

(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable

adult which results or is likely to result in detriment to the vulnerable adult; or

(2) fails to use the financial resources of the vulnerable adult to provide food, clothing,

shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the

failure results or is likely to result in detriment to the vulnerable adult.

(b) In the absence of legal authority a person:

(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;

(2) obtains for the actor or another the performance of services by
deleted text begin
a third person
deleted text end
new text begin
the

vulnerable adult
new text end
for the wrongful profit or advantage of the actor or another to the detriment

of the vulnerable adult;

(3) acquires possession or control of, or an interest in, funds or property of a vulnerable

adult through the use of undue influence, harassment, duress, deception, or fraud; or

(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's

will to perform services for the profit or advantage of another.

(c) Nothing in this definition requires a facility or caregiver to provide financial

management or supervise financial management for a vulnerable adult except as otherwise

required by law.

Sec. 37.

Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision

to read:

new text begin

Subd. 12a.

new text end

new text begin

Investigation.

new text end

new text begin

"Investigation" means activities for fact gathering conducted

by the lead investigative agency to make a final determination of maltreatment.

new text end

Sec. 38.

Minnesota Statutes 2025 Supplement, section 626.5572, subdivision 13, is amended

to read:

Subd. 13.

Lead investigative agency.

"Lead investigative agency" is the primary

administrative agency responsible for investigating reports made under section
626.557
.

(a) The Department of Health is the lead investigative agency for facilities or services

licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding

care homes, hospice providers, residential facilities that are also federally certified as

intermediate care facilities that serve people with developmental disabilities, or any other

facility or service not listed in this subdivision that is licensed or required to be licensed by

the Department of Health for the care of vulnerable adults. "Home care provider" has the

meaning provided in section
144A.43, subdivision 4
, and applies when care or services are

delivered in the vulnerable adult's home.

(b) The Department of Human Services is the lead investigative agency for facilities or

services licensed or required to be licensed as adult day care, adult foster care, community

residential settings, programs for people with disabilities, EIDBI agencies, family adult day

services, mental health programs, mental health clinics, substance use disorder programs,

the Minnesota Sex Offender Program, or any other facility or service not listed in this

subdivision that is licensed or required to be licensed by the Department of Human Services.

The Department of Human Services is also the lead investigative agency for unlicensed

EIDBI agencies under section
256B.0949
.

(c) The county social
deleted text begin
service
deleted text end
new text begin
services
new text end
agency
new text begin
adult protective services
new text end
or
deleted text begin
its
deleted text end
new text begin
the agency's
new text end

designee
new text begin
or a federally recognized Indian Tribe that entered into a contractual agreement

with the commissioner of human services to operate adult protective services
new text end
is the lead

investigative agency for all other reports, including but not limited to reports involving

vulnerable adults receiving services from a personal care provider organization under section

256B.0659
new text begin
or 256B.85
new text end
.

Sec. 39.

Minnesota Statutes 2024, section 626.5572, subdivision 17, is amended to read:

Subd. 17.

Neglect.

(a) "Neglect" means neglect by a caregiver or self-neglect.

(b) "Caregiver neglect" means the failure or omission by a caregiver to supply a

vulnerable adult with care or services, including but not limited to, food, clothing, shelter,

health care, or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or

mental health or safety, considering the physical and mental capacity or dysfunction of the

vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(c) "Self-neglect" means neglect by a vulnerable adult of the vulnerable adult's own

food, clothing, shelter, health care,
new text begin
financial management,
new text end
or other services that are not the

responsibility of a caregiver which a reasonable person would deem essential to obtain or

maintain the vulnerable adult's health, safety, or comfort.

(d) For purposes of this section, a vulnerable adult is not neglected for the sole reason

that:

(1) the vulnerable adult or a person with authority to make health care decisions for the

vulnerable adult under sections
144.651
,
144A.44
, chapter 145B, 145C, or 252A, or sections

253B.03
or
524.5-101
to
524.5-502
, refuses consent or withdraws consent, consistent with

that authority and within the boundary of reasonable medical practice, to any therapeutic

conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical

or mental condition of the vulnerable adult, or, where permitted under law, to provide

nutrition and hydration parenterally or through intubation; this paragraph does not enlarge

or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an

involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
deleted text begin
or
deleted text end

(2) the vulnerable adult, a person with authority to make health care decisions for the

vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or

prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of

medical care, provided that this is consistent with the prior practice or belief of the vulnerable

adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or

emotional dysfunction or undue influence, engages in consensual sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal

relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal

relationship existed prior to the caregiving relationship;
deleted text begin
or
deleted text end

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable

adult which does not result in injury or harm which reasonably requires medical or mental

health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable

adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the

vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably

expected, as determined by the attending physician, to be restored to the vulnerable adult's

preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section
626.557
,

and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements

measures designed to reduce the risk of further occurrence of this error and similar errors;

and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently

documented for review and evaluation by the facility and any applicable licensing,

certification, and ombudsman agency.

(e) Nothing in this definition requires a caregiver, if regulated, to provide services in

excess of those required by the caregiver's license, certification, registration, or other

regulation.

(f) If the findings of an investigation by a lead investigative agency result in a

determination of substantiated maltreatment for the sole reason that the actions required of

a facility under paragraph (d), clause (5), item (iv), (v), or (vi), were not taken, then the

facility is subject to a correction order. An individual will not be found to have neglected

or maltreated the vulnerable adult based solely on the facility's not having taken the actions

required under paragraph (d), clause (5), item (iv), (v), or (vi). This must not alter the lead

investigative agency's determination of mitigating factors under section
626.557, subdivision

9c
, paragraph (f).

Sec. 40.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, sections 256B.5012, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12,

14, 15, and 16; and 626.557, subdivision 10,

new text end

new text begin

are repealed.

new text end

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective the day following final enactment.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-06079

256B.5012 ICF/DD PAYMENT SYSTEM IMPLEMENTATION.

Subd. 4.

ICF/DD rate increases beginning July 1, 2001, and July 1, 2002.

(a) For the rate years beginning July 1, 2001, and July 1, 2002, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 3.5 percent. Of this adjustment, two-thirds must be used as provided under paragraph (b) and one-third must be used for operating costs.

(b) The adjustment under this paragraph must be used to increase the wages and benefits and pay associated costs of all employees except administrative and central office employees, provided that this increase must be used only for wage and benefit increases implemented on or after the first day of the rate year and must not be used for increases implemented prior to that date.

(c) For each facility, the commissioner shall make available an adjustment using the percentage specified in paragraph (a) multiplied by the total payment rate, excluding the property-related payment rate, in effect on the preceding June 30. The total payment rate shall include the adjustment provided in section
256B.501, subdivision 12
.

(d) A facility whose payment rates are governed by closure agreements, receivership agreements, or Minnesota Rules, part
9553.0075
, is not eligible for an adjustment otherwise granted under this subdivision.

(e) A facility may apply for the payment rate adjustment provided under paragraph (b). The application must be made to the commissioner and contain a plan by which the facility will distribute the adjustment in paragraph (b) to employees of the facility. For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2002, and March 31, 2003, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate year that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.

(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.

Subd. 5.

Rate increase effective June 1, 2003.

For rate periods beginning on or after June 1, 2003, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $3 per day. The increase shall not be subject to any annual percentage increase.

Subd. 6.

ICF/DD rate increases October 1, 2005, and October 1, 2006.

(a) For the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 2.2553 percent.

(b) 75 percent of the money resulting from the rate adjustment under paragraph (a) must be used to increase wages and benefits and pay associated costs for employees, except for administrative and central office employees. 75 percent of the money received by a facility as a result of the rate adjustment provided in paragraph (a) must be used only for wage, benefit, and staff increases implemented on or after the effective date of the rate increase each year, and must not be used for increases implemented prior to that date. The wage adjustment eligible employees may receive may vary based on merit, seniority, or other factors determined by the provider.

(c) For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in paragraph (a) multiplied by the total payment rate, including variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section
256B.501, subdivision 12
.

(d) A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.

(e) A facility may apply for the portion of the payment rate adjustment provided under paragraph (a) for employee wages and benefits and associated costs. The application must be made to the commissioner and contain a plan by which the facility will distribute the funds according to paragraph (b). For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2006, and December 31, 2006, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate period that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.

(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.

Subd. 7.

ICF/DD rate increases effective October 1, 2007, and October 1, 2008.

(a) For the rate year beginning October 1, 2007, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2007. For the rate year beginning October 1, 2008, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2008. For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in this paragraph multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section
256B.501, subdivision 12
. A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.

(b) Seventy-five percent of the money resulting from the rate adjustments under paragraph (a) must be used for increases in compensation-related costs for employees directly employed by the facility on or after the effective date of the rate adjustments, except:

(1) the administrator;

(2) persons employed in the central office of a corporation that has an ownership interest in the facility or exercises control over the facility; and

(3) persons paid by the facility under a management contract.

(c) Two-thirds of the money available under paragraph (b) must be used for wage increases for all employees directly employed by the facility on or after the effective date of the rate adjustments, except those listed in paragraph (b), clauses (1) to (3). The wage adjustment that employees receive under this paragraph must be paid as an equal hourly percentage wage increase for all eligible employees. All wage increases under this paragraph must be effective on the same date. Only costs associated with the portion of the equal hourly percentage wage increase that goes to all employees shall qualify under this paragraph. Costs associated with wage increases in excess of the amount of the equal hourly percentage wage increase provided to all employees shall be allowed only for meeting the requirements in paragraph (b). This paragraph shall not apply to employees covered by a collective bargaining agreement.

(d) The commissioner shall allow as compensation-related costs all costs for:

(1) wages and salaries;

(2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation;

(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and pensions; and

(4) other benefits provided, subject to the approval of the commissioner.

(e) The portion of the rate adjustments under paragraph (a) that is not subject to the requirements in paragraphs (b) and (c) shall be provided to facilities effective October 1 of each year.

(f) Facilities may apply for the portion of the rate adjustments under paragraph (a) that is subject to the requirements in paragraphs (b) and (c). The application must be submitted to the commissioner within six months of the effective date of the rate adjustments, and the facility must provide additional information required by the commissioner within nine months of the effective date of the rate adjustments. The commissioner must respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in this paragraph under extraordinary circumstances, to be determined at the sole discretion of the commissioner. The application must contain:

(1) an estimate of the amounts of money that must be used as specified in paragraphs (b) and (c);

(2) a detailed distribution plan specifying the allowable compensation-related and wage increases the facility will implement to use the funds available in clause (1);

(3) a description of how the facility will notify eligible employees of the contents of the approved application, which must provide for giving each eligible employee a copy of the approved application, excluding the information required in clause (1), or posting a copy of the approved application, excluding the information required in clause (1), for a period of at least six weeks in an area of the facility to which all eligible employees have access; and

(4) instructions for employees who believe they have not received the compensation-related or wage increases specified in clause (2), as approved by the commissioner, and which must include a mailing address, email address, and the telephone number that may be used by the employee to contact the commissioner or the commissioner's representative.

(g) The commissioner shall ensure that cost increases in distribution plans under paragraph (f), clause (2), that may be included in approved applications, comply with requirements in clauses (1) to (4):

(1) costs to be incurred during the applicable rate year resulting from wage and salary increases effective after October 1, 2006, and prior to the first day of the facility's payroll period that includes October 1 of each year shall be allowed if they were not used in the prior year's application and they meet the requirements of paragraphs (b) and (c);

(2) a portion of the costs resulting from tenure-related wage or salary increases may be considered to be allowable wage increases, according to formulas that the commissioner shall provide, where employee retention is above the average statewide rate of retention of direct care employees;

(3) the annualized amount of increases in costs for the employer's share of health and dental insurance, life insurance, disability insurance, and workers' compensation shall be allowable compensation-related increases if they are effective on or after April 1 of the year in which the rate adjustments are effective and prior to April 1 of the following year; and

(4) for facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the application only upon receipt of a letter of acceptance of the distribution plan, as regards members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2007. Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.

(h) The commissioner shall review applications received under paragraph (f) and shall provide the portion of the rate adjustments under paragraphs (b) and (c) if the requirements of this subdivision have been met. The rate adjustments shall be effective October 1 of each year. Notwithstanding paragraph (a), if the approved application distributes less money than is available, the amount of the rate adjustment shall be reduced so that the amount of money made available is equal to the amount to be distributed.

Subd. 8.

ICF/DD rate decreases effective July 1, 2009.

Effective July 1, 2009, the commissioner shall decrease each facility reimbursed under this section operating payment adjustments equal to 2.58 percent of the operating payment rates in effect on June 30, 2009. For each facility, the commissioner shall implement the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in subdivision 7.

Subd. 9.

ICF/DD rate increase effective July 1, 2011; Clearwater County.

Effective July 1, 2011, the commissioner shall increase the daily rate to $138.23 at an intermediate care facility for the developmentally disabled located in Clearwater County and classified as a class A facility with 15 beds.

Subd. 10.

ICF/DD rate decrease effective July 1, 2011; exception for Clearwater County.

For each facility reimbursed under this section, except for a facility located in Clearwater County and classified as a class A facility with 15 beds, the commissioner shall decrease operating payment rates equal to 0.095 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section
256B.501, subdivision 12
.

Subd. 11.

ICF/DD rate decrease effective July 1, 2011.

For each facility reimbursed under this section, the commissioner shall decrease operating payments equal to 1.5 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section
256B.501
, subdivision 12.

Subd. 12.

ICF/DD rate increase effective July 1, 2013.

For each facility reimbursed under this section, the commissioner shall increase operating payments equal to one-half percent of the operating payment rates in effect on June 30, 2013. For each facility, the commissioner shall apply the rate increase, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate increase shall include the adjustment provided in section
256B.501
, subdivision 12.

Subd. 14.

Rate increase effective June 1, 2013.

For rate periods beginning on or after June 1, 2013, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $7.81 per day. The increase shall not be subject to any annual percentage increase.

Subd. 15.

ICF/DD rate increases effective April 1, 2014.

(a) Notwithstanding subdivision 12, for each facility reimbursed under this section, for the rate period beginning April 1, 2014, the commissioner shall increase operating payments equal to one percent of the operating payment rates in effect on March 31, 2014.

(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate, but excluding the property-related payment rate in effect on the preceding date. The total rate increase shall include the adjustment provided in section
256B.501, subdivision 12
.

Subd. 16.

ICF/DD rate increases effective July 1, 2014.

(a) For the rate period beginning July 1, 2014, the commissioner shall increase operating payments for each facility reimbursed under this section equal to five percent of the operating payment rates in effect on June 30, 2014.

(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate in effect on June 30, 2014. The total rate increase shall include the adjustment provided in section
256B.501, subdivision 12
.

(c) To receive the rate increase under paragraph (a), each facility reimbursed under this section must submit to the commissioner documentation that identifies a quality improvement project that the facility will implement by June 30, 2015. Documentation must be provided in a format specified by the commissioner. Projects must:

(1) improve the quality of life of intermediate care facility residents in a meaningful way;

(2) improve the quality of services in a measurable way; or

(3) deliver good quality service more efficiently while using the savings to enhance services for the participants served.

(d) For a facility that fails to submit the documentation described in paragraph (c) by a date or in a format specified by the commissioner, the commissioner shall reduce the facility's rate by one percent effective January 1, 2015.

(e) Facilities that receive a rate increase under this subdivision shall use 80 percent of the additional revenue to increase compensation-related costs for employees directly employed by the facility on or after July 1, 2014, except:

(1) persons employed in the central office of a corporation or entity that has an ownership interest in the facility or exercises control over the facility; and

(2) persons paid by the facility under a management contract.

This requirement is subject to audit by the commissioner.

(f) Compensation-related costs include:

(1) wages and salaries;

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;

(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and

(4) other benefits provided and workforce needs, including the recruiting and training of employees as specified in the distribution plan required under paragraph (i).

(g) For public employees under a collective bargaining agreement, the increase for wages and benefits is available and pay rates must be increased only to the extent that the increases comply with laws governing public employees' collective bargaining. Money received by a facility under paragraph (e) for pay increases for public employees must be used only for pay increases implemented between July 1, 2014, and August 1, 2014.

(h) For a facility that has employees that are represented by an exclusive bargaining representative, the provider shall obtain a letter of acceptance of the distribution plan required under paragraph (i), in regard to the members of the bargaining unit, signed by the exclusive bargaining agent. Upon receipt of the letter of acceptance, the facility shall be deemed to have met all the requirements of this subdivision in regard to the members of the bargaining unit. Upon request, the facility shall produce the letter of acceptance for the commissioner.

(i) A facility that receives a rate adjustment under paragraph (a) that is subject to paragraph (e) shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the amount of money the facility expects to receive that is subject to the requirements of paragraph (e), including how that money will be distributed to increase compensation for employees. The commissioner may recover funds from a facility that fails to comply with this requirement.

(j) By January 1, 2015, the facility shall post the distribution plan required under paragraph (i) for a period of at least six weeks in an area of the facility's operation to which all eligible employees have access and shall provide instructions for employees who do not believe they have received the wage and other compensation-related increases specified in the distribution plan. The instructions must include a mailing address, email address, and telephone number that an employee may use to contact the commissioner or the commissioner's representative.

626.557 REPORTING OF MALTREATMENT OF VULNERABLE ADULTS.

Subd. 10.

Duties of county social service agency.

(a) When the common entry point refers a report to the county social service agency as the lead investigative agency or makes a referral to the county social service agency for emergency adult protective services, or when another lead investigative agency requests assistance from the county social service agency for adult protective services, the county social service agency shall immediately assess and offer emergency and continuing protective social services for purposes of preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable adult. The county shall use standardized tools and the data system made available by the commissioner. The information entered by the county into the standardized tool must be accessible to the Department of Human Services. In cases of suspected sexual abuse, the county social service agency shall immediately arrange for and make available to the vulnerable adult appropriate medical examination and treatment. When necessary in order to protect the vulnerable adult from further harm, the county social service agency shall seek authority to remove the vulnerable adult from the situation in which the maltreatment occurred. The county social service agency may also investigate to determine whether the conditions which resulted in the reported maltreatment place other vulnerable adults in jeopardy of being maltreated and offer protective social services that are called for by its determination.

(b) Within five business days of receipt of a report screened in by the county social service agency for investigation, the county social service agency shall determine whether, in addition to an assessment and services for the vulnerable adult, to also conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.

(c) The county social service agency must investigate for a final disposition the individual or facility alleged to have maltreated a vulnerable adult for each report accepted as lead investigative agency involving an allegation of abuse, caregiver neglect that resulted in harm to the vulnerable adult, financial exploitation that may be criminal, or an allegation against a caregiver under chapter 256B.

(d) An investigating county social service agency must make a final disposition for any allegation when the county social service agency determines that a final disposition may safeguard a vulnerable adult or may prevent further maltreatment.

(e) If the county social service agency learns of an allegation listed in paragraph (c) after the determination in paragraph (a), the county social service agency must change the initial determination and conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.

(f) County social service agencies may enter facilities and inspect and copy records as part of an investigation. The county social service agency has access to not public data, as defined in section
13.02
, and medical records under sections
144.291
to 144.298, that are maintained by facilities to the extent necessary to conduct its investigation. The inquiry is not limited to the written records of the facility, but may include every other available source of information.

(g) When necessary in order to protect a vulnerable adult from serious harm, the county social service agency shall immediately intervene on behalf of that adult to help the family, vulnerable adult, or other interested person by seeking any of the following:

(1) a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult pursuant to section
518B.01
;

(2) the appointment of a guardian or conservator pursuant to sections
524.5-101
to
524.5-502
, or guardianship or conservatorship pursuant to chapter 252A;

(3) replacement of a guardian or conservator suspected of maltreatment and appointment of a suitable person as guardian or conservator, pursuant to sections
524.5-101
to
524.5-502
; or

(4) a referral to the prosecuting attorney for possible criminal prosecution of the perpetrator under chapter 609.

The expenses of legal intervention must be paid by the county in the case of indigent persons, under section
524.5-502
and chapter 563.

In proceedings under sections
524.5-101
to
524.5-502
, if a suitable relative or other person is not available to petition for guardianship or conservatorship, a county employee shall present the petition with representation by the county attorney. The county shall contract with or arrange for a suitable person or organization to provide ongoing guardianship services. If the county presents evidence to the court exercising probate jurisdiction that it has made a diligent effort and no other suitable person can be found, a county employee may serve as guardian or conservator. The county shall not retaliate against the employee for any action taken on behalf of the person subject to guardianship or conservatorship, even if the action is adverse to the county's interest. Any person retaliated against in violation of this subdivision shall have a cause of action against the county and shall be entitled to reasonable attorney fees and costs of the action if the action is upheld by the court.